Jeena R. BelilCar / Auto Accident LawyerHauppauge, NY ·
Was this separation made into an agreement on file with the court or an oral agreement? If oral agreement, get your terms down in writing, signed and filed with the court. If you have not been co-habitating for the past year or more, you could look into filing for a divorce based upon the grounds of abandonment..
I just want to add that the NY Courts website has tremendous resources for people looking for answers regarding divorce. This is probably a good place to start.
One of you can file for an uncontested divorce, which is the easiest and least expensive way to go. You can select from whatever of the grounds fit you, but separation for more than a year seems easiest. If you have no children under 18, a simple separation agreement can be worked out and filed. If you have children, If you have children under 18, you will have to agree on custody, visitation and child support (there are legal guidelines for child support). It should not be hard or expensive unless you have considerable assets and disagree on how to split them.
You can obtain a divorce fairly easily, You can file for an uncontested divorce and it should be a fairly simple and inexpensive process. However, do you have any children together? Do you have property together? Do you have a signed separation agreement outlining your financial obligations and/or what marital debts you will pay for.
If you do not have any property or children together or if you have already agreed as to marital debts/ if any, then a uncontested petition for divorce should be readily available.